BITTAN TURI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dated 05.12.2005 passed by the Additional Sessions Judge, Fast Track Court No. V, Deoghar in Sessions Case No.326 of 2003 arising out of G.R Case No. 106 of 2003, corresponding to Deoghar P.S Case no.36 of 2003, whereby the appellant has been convicted under section 25(1-B) of the Arms Act and sentenced to undergo rigorous imprisonment for three years with fine of Rs.2000/-. He has further been convicted under Sections 447 and 504 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three months under Section 447 of the Indian Penal Code and rigorous imprisonment for two years under Section 504 of the Indian Penal Code and in default of making payment of fine to undergo further imprisonment for three months, however, all the sentences have been ordered to run concurrently.

(2.) The prosecution case, as recorded in the fardbeyan of the informantBasudeo Turi, in brief, is that on 18.02.2003 at about 6:30 p.m. when the informant was teaching his children at his house, the appellant along with one Mannu Rout and two others came to his house and after entering the Verandah started abusing him mentioning that since he was in jail under the Arms Act instituted by the informant, he will kill him. The appellant took out pistol from his waist and fired on him with an intention to kill. The pistol was fired from a close range and seeing that, his family members got nervous and caught hold the appellant. The informant took out a Hasua and snatched the pistol from the appellant with the help of his family members which was subsequently produced before the police. It is further stated that the appellant was in jail in connection with Deoghar P.S Case No. 201 of 2002 dated 12.10.2002 u/s 341, 323, 307/34 of IPC and 25(1-B), 26, 27 and 35 of Arms Act and had come out on bail on that day.

(3.) On the basis of the fardbeyan, an F.I.R. being Deoghar P.S Case No. 36 of 2003 was lodged u/s 447, 307, 504/34 of IPC and 25(1-B), 27 and 35 of Arms Act. The charge-sheet was submitted against the appellant and Mannu Rout u/s 447, 307, 504/34 of IPC and Sections 25(1-B), 27 and 35 of Arms Act. The charges were framed against the accused persons u/s 447/34, 307/34, 504/34 of IPC and 25(1-B), 27 and 35 of the Arms Act on 27.11.2004.